Perth, May 29: The ACCC has launched its first Federal Court case against an online marketplace over alleged breaches of mandatory product safety standards.
The consumer watchdog has commenced proceedings against Amazon Commercial Services Pty Ltd, known as Amazon AU, alleging children’s backpacks sold through its online marketplace failed to comply with button battery warning requirements.
The case relates to Unicorn Toddler Backpacks, which included a detachable light-up unicorn plush toy containing button batteries. The ACCC alleges Amazon AU had possession or control of the products in Australian fulfilment centres between June 22 and Nov 1, 2022, and that required warning labels were missing from the products or their plastic outer packaging.
The ACCC alleges 41 backpacks were bought by Australian consumers through amazon.com.au during the relevant period, while 267 backpacks were held in Amazon’s Australian fulfilment centres as of Nov 1, 2022.
ACCC Deputy Chair Catriona Lowe said the case was significant as many Australians now shopped through online marketplaces, making consumer trust in digital markets important.
“Button batteries pose a serious hazard for young children. If swallowed or inserted, they can cause severe internal burns and injury, and in some cases death. These mandatory warnings are there to help keep children safe and businesses must get them right,” Lowe said.
The ACCC is seeking declarations, penalties, costs and other orders.
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